2. After the pre-sale contract of commercial housing is deemed invalid, according to Article 57 of the Contract Law of People's Republic of China (PRC), the invalidity of the contract does not affect the effectiveness of the independent clause on dispute settlement in the contract.
Therefore, if there is an agreement on dispute settlement in the pre-sale commercial housing contract, the people's court should respect the validity of the agreement and use it as the basis for handling disputes between the two parties. If the contract is invalid and the relevant dispute settlement method is not stipulated in the contract, the property acquired as a result of the contract shall be returned in accordance with the provisions of Article 58 of the People's Republic of China (PRC) Contract Law. If it is impossible or unnecessary to return it, it shall be compensated at a discount. At the same time, the party at fault should compensate the other party for the losses suffered. If both parties are at fault, they shall bear their respective responsibilities.
Extended data:
In order to further solve the problem of how to compensate for the loss after the contract of pre-selling commercial housing without a license is invalid in practice, Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if a developer intentionally conceals the certificate of pre-selling commercial housing permit or provides a false certificate of pre-selling commercial housing permit, the developer shall return the purchase price and interest paid by the purchaser, and shall bear the compensation liability of not more than twice the paid purchase price, that is, it shall provide punitive compensation for the fraud of the developer.
As for the situation that the developer has not cheated or intentionally concealed, the law shall be applied according to the above-mentioned contract law. Therefore, if the people's court can find that both the developer and the purchaser are at fault for the invalidity of the contract, it should judge that they should bear corresponding responsibilities according to the degree of fault of both parties, which is the result of applying the contract law.
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law